Public defender being sued by former client

Two weeks after he was elected public defender Nov. 4, Matthew Shirk was paid $3,750 by a Jacksonville couple to represent their son as a private attorney on habitual felony charges.

Shirk only had six weeks to work on the case before he was sworn into office, forcing him to withdraw as hired counsel before any substantial court activity.

On Thursday, Connell and Diane Edwards and their son, Eric Edwards, sued Shirk for civil theft in small claims court, saying he did minimal work on the case and has refused their requests to pay the money back. They said he took no depositions and filed no motions before withdrawing.

“Mr. Shirk was given ample opportunity to resolve this matter with the Edwards family but refused to do so,” said Elizabeth White, the family’s attorney. “As a result, they had no alternative other than to seek the assistance of the court system.”

Shirk told the Times-Union he worked enough hours on the case to justify the fee. He said the family understood they were paying him to do what he could before he took office Jan. 6.

“I was hesitant to take the fee because I knew I only had six weeks, but they insisted,” said Shirk, who called the lawsuit politically motivated. He said his fee was lower than normal because of the time limit.

Ironically, Eric Edwards is now represented by Shirk’s office.

Shirk said Edwards told him during a jail visit after he took office that White and her law firm said they planned to use the case to try to get him disbarred and politically ruin him.

Many criminal defense lawyers have been critical of Shirk’s decision to fire some of the most experienced and successful lawyers in the Public Defender’s Office.
Eric Edwards, 30, was arrested in July and charged with seven felonies, including resisting an officer with violence, cocaine possession and possession of a firearm by a felon.

Citing his felony record of drug and traffic crimes, prosecutors charged him as a habitual offender, meaning he faces a longer prison sentence if convicted. Because of that, habitual offender cases are less likely to plea out, meaning they usually take longer to resolve.

Edwards’ parents paid Shirk on Nov. 19 to represent their son. Their lawsuit says he made no personal court appearances on his behalf, instead sending associates from his law office.

Shirk said he went to court twice but had to leave when the judge was late.

Shirk moved to withdraw from the case Dec. 31, and his motion was granted by a judge Jan. 15. White said in the lawsuit it was the only motion he filed in the case.

Shirk said he was unaware of the lawsuit until the Times-Union’s call but was aware of the allegations in it because of correspondence he has had with White’s office.
“We’ve gone back and forth on how much work I did,” he said. The lawsuit seeks treble damages of $11,250.

The complaint also says Shirk had unauthorized contact with Eric Edwards regarding the refund demand. Shirk said he immediately told Edwards they couldn’t discuss that issue, only his pending criminal case.

Pure greed by Shirk, and unethical as well, regardless of the parents "insisting". Worse, it shows incredible stupidity on his part, great guy for the job. But what's up with people saying he "shouldn't have been elected"? Was it another Florida voting scandal?

Elizabeth White has a bone to pick with Shirk. She and the previous PD, Bill White, both worked together at Bill Sheppard's law firm. Still, since Shirk gave her such a golden opportunity, good for her for pouncing on it.

Maybe or maybe not the parents were perfect in raising this piece of trash. Charles Manson had good parenting. At least it was a two parent household. They do not deserve to get cheated by this shyster.